DWI And Endangering The Welfare Of A Child

“Can I fight the DWI and Endangering The Welfare Of A Child?”

Reckless endangerment is a crime in New Jersey actually governed under the assault statute; this is most likely due to the fact that an act deemed to be a “reckless endangerment” is one that can lead to bodily harm of another person.

However, the most common charge I see related to DWI stops and criminal charges is endangering the welfare of a child under N.J.S.A. 2C:24-4 which provides in pertinent part:

§ 2C:24-4. Endangering the Welfare of a Child

Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S. 9:6-1, R.S. 9:6-3 and P.L. 1974, c. 119, § 1 is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree.

As you can see, DWI with children in the vehicle can lead to serious consequences. A second degree crime is punishable by five (5) to ten (10) years in New Jersey state prison and there is a presumption of incarceration (meaning a minimum five (5) year prison sentence) even if you have no prior criminal record. My office was recently retained to represent a woman in Passaic County who was charged with DWI as well as two counts of endangering the welfare of a child for driving while intoxicated with two young children in the vehicle. She is facing up to twenty (20) years in jail. We are in the process of fighting to keep her out of prison.

There are many ways to fight a DWI along with an endangering charge. The best way is to attack the DWI charge itself. If your DWI charges are dismissed based on a lack of probable cause for the initial stop, then both the DWI charges and the criminal charges should go away. There are many ways to attack DWI cases, but I would strongly recommend that you start by watching the four videos directly below this paragraph.